Every year, more than 170,000 people are killed in unintentional accidents, according to the research analysis (CDC). The death of a loved one is tragic, and it can have serious consequences on someone’s life, such as anxiety, depression, and PTSD, as well as a significant loss of income for a family.
If someone you care about has died in an auto accident or it’s a medical malpractice case you should contact an experienced Wrongful Death Attorney right away to see if you are eligible for compensation. While working with an attorney is important, knowing your rights is even more important.
This article will go over:
- What should I do if a loved one is killed in an accident?
- Who can file a wrongful death claim?
- How can a lawyer assist me in a wrongful death case?
- And what are the most common causes of wrongful death?
Who Is Eligible To File A Wrongful Death Claim?
Unfortunately, just because you have a close relationship with someone does not give you the right to sue for wrongful death. In general, you must be a representative of the deceased person’s estate, filing a claim on behalf of:
- The deceased individual’s children, spouse, or parents
- Any other blood relatives or siblings who may be financially dependent on the deceased person
If they are listed as the representative of the deceased person’s estate, an unmarried domestic partner, they can generally file a claim. Despite this, they are usually entitled to far less compensation than if they were married to the deceased.
Medical Malpractice is a common reason:
Medical malpractice is difficult to establish, but it is possible. In general, a victim must prove each of the four elements listed below to establish medical malpractice:
- Duty of Care: The healthcare provider had a direct, prior relationship with the victim (i.e. a doctor helping out in a random emergency outside of work may not have a duty of care.)
- Direct Causation: For direct causation to occur, the victim’s injuries must be the direct result of medical provider negligence or error.
- Negligence: This means that the healthcare provider went far beyond standard medical procedures. In other words, another “reasonable” provider would have handled the situation very differently.
- Damages: The victim must demonstrate that their injuries caused them physical, emotional, psychological, or financial hardship.
Contact Lee Law Firm Today If Someone You Care About Was Killed In An Accident.
If someone you care about is killed in an accident, it can alter your life forever. Mental, emotional, and financial difficulties can pile up, leaving you unsure where to turn for assistance. Fortunately, an experienced accident attorney can fight for your rights while you recover mentally and emotionally.
Lee Law Firm’s team of Wrongful Death Attorneys has recovered more than $300 million for our clients. We will review your case at no charge to you. If we accept you as a client, we will do everything in our power to obtain the highest possible financial compensation for you. Call us today to find out more about how we can help you.